Johnson v. Commissioner of Social Security

Filing 29

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/3/19 AWARDING Plaintiff Attorney fees under EAJA, in the amount of SEVEN-THOUSAND TWO-HUNDRED dollars ($7,200.00). (Mena-Sanchez, L)

1

4

LANGLEY KREUZE, SBN: 254739
Cerney Kreuze & Lott, LLP
42 N. Sutter Street, Suite 400
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

5

Attorney for Plaintiff

2
3

6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8

SACRAMENTO DIVISION

9
10

LISA EDNA JOHNSON,

11

Plaintiff,

12

vs.
13
14

Case No.: 2:17-cv-02359-CKD

NANCY A BERRYHILL,
Acting Commissioner of Social Security,

STIPULATION AND ORDER FOR THE
AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 28 U.S.C. § 2412(d)

15
16

Defendant

17
18
19
20

IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the
EAJA in the amount of SEVEN-THOUSAND TWO-HUNDRED dollars ($7,200.00). This

21
22
23
24
25
26

amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by
counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412.
After the Court issues an order for EAJA fees and expenses to Plaintiff, the government
will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's
attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the

27
28

assignment will depend on whether the fees and expenses are subject to any offset allowed under

1

the United States Department of the Treasury's Offset Program. After the order for EAJA fees

2

and expenses is entered, the government will determine whether they are subject to any offset.

3

Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury

4
5

determines that Plaintiff does not owe a federal debt, then the government shall cause the

6

payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the

7

assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.

8
9

This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA
attorney fees and expenses, and does not constitute an admission of liability on the part of

10
11

Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

12

from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

13

EAJA attorney fees and expenses in connection with this action.

14

This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security

15

Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
16
17

Respectfully submitted,

18
19

Dated: May 3, 2019

20

/s/ Langley Kreuze
LANGLEY KREUZE
Attorney for Plaintiff

21

McGREGOR W. SCOTT
United States Attorney
DEBORAH L. STACHEL
Regional Chief Counsel, Region IX

22
23
24
25
26
27
28

Date: May 3, 2019

/s/ Jeffrey Chen
(As authorized via email on 5/1/19)
JEFFREY CHEN
Special Assistant United States Attorney

1
2
3

UNITED STATES DISTRICT COURT

4

EASTERN DISTRICT OF CALIFORNIA

5

SACRAMENTO DIVISION
6
7
8

LISA EDNA JOHNSON,
Plaintiff,

9
10

vs.

11

NANCY A BERRYHILL,
Acting Commissioner of Social Security,

12
13

Case No.: 2:17-cv-02359-CKD

ORDER RE STIPULATION FOR THE
AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 28 U.S.C. § 2412(d)

Defendant

14
15

Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that attorney fees

16

under EAJA, in the amount of SEVEN-THOUSAND TWO-HUNDRED dollars ($7,200.00), are
17
18
19
20
21
22
23
24
25
26
27
28

awarded to Plaintiff, subject to the terms of the stipulation.
IT IS SO ORDERED.
Dated: May 3, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE